Can they refuse to fill out forms?

[maneki]

What is the name of your state (only U.S. law)? Colorado

***I apologize if this is in the wrong section. It's not a malpractice question but I didn't see another spot for questions involved medical offices***

I have bipolar and have been seeing a therapist at Health Solutions since October and the psychiatrist since April. My health has been getting pretty bad so I made the decision to have weight loss surgery. I have already been cleared by the surgeon's counselor but they also require a form filled out by my therapist and psychiatrist stating that I'm being seen, agree to access them as a support system, etc. Well the clinic I go to is flat out refusing to fill out the form. I have spoken to my therapists supervisor but I haven't been able to get in touch with anyone higher up. This seems odd to me since I've never had any medical professional refuse to fill out a required form before. Without the form the surgeon may deny the surgery. Some friends have said that they can't legally refuse to fill it out, but they aren't lawyers or work in law at all. So I ask... can they legally refuse to fill out the form?

 

[quincy]

What is the name of your state (only U.S. law)? Colorado

Without the form the surgeon may deny the surgery ... can they legally refuse to fill out the form?

Yes ... yes, they can refuse to sign a form that commits them to being a "support system" that can be accessed.

 

[xylene]

Yes they can refuse.

This is a serious, irreversible surgery that requires permanent life changes.

Couple of things could be going on:

They don't think you are well enough

They are concerned about their liabilty to you and or the surgery center / surgeon

They don't have the capability to provide the proper after care you will need.

 

[maneki]

If that particular part could be left out can they still refuse to sign the rest of the form? I'm getting desperate here. I'll admit though I don't understand the problem with that part of it. I do have access to them 24/7 as this clinic runs an Acute Treatment Unit so if I have a mental health emergency I could get help any time.

As for the rest, my therapist has already said she believes fully that I am capable of handling the surgery mentally, so I don't think it's a case of not thinking I'm well enough. I can see they might be worried about their liability though.

 

[xylene]

You need to ask them specificallty why they are unwilling to sign.

You may need a second opinion on either the surgical or mental health end.

 

[maneki]

I did ask why they wouldn't sign. The only answer she would give it they "don't fill these out anymore." I've tried reaching out to someone higher up for answers but they aren't calling me back. I spoke with the psychologist at the surgeon's office again and she said she'll try to call and just get verbal confirmation that I am a patient and am still being seen there. Hopefully they won't refuse to do that too. I signed a release form for them so here's hoping.

The counselor for the surgeon already cleared me, the surgeon is just concerned since it's not uncommon after surgery for a bipolar patient to swing manic from all the hormones. I understand his concern so I get why he wants to ensure I have a therapist in place already to help me through a bipolar swing.

 

[xylene]

As for the rest, my therapist has already said she believes fully that I am capable of handling the surgery mentally, so I don't think it's a case of not thinking I'm well enough.

I do not know you. So no judgement. And I think your desire to self improve is awesome.

I do want to warn you what your therapist tells you and what they are willing to vouch for to another clinician wanting to do internal surgery could be different.

You need to ask clearly and directly. Consider asking in writing for an explanation of the denial and if it is policy for a written explanation of policy.



Good luck. Best wishes! (You are not alone )

 

[maneki]

The form also has a spot to indicate if they don't feel I'm stable enough for surgery. So if that's all it was then I would think they'd just mark that spot. I think there's another reason they don't fill these out anymore. Maybe they got burned in the past by a different patient. I don't know.

That's a good idea to ask for an explanation of the denial in writing and a written explanation of the policy, if it is policy. Do I have a legal right to get that or can they deny doing that too? I know I have a right to my files but I don't know about beyond that.

 

[quincy]

The form also has a spot to indicate if they don't feel I'm stable enough for surgery. So if that's all it was then I would think they'd just mark that spot. I think there's another reason they don't fill these out anymore. Maybe they got burned in the past by a different patient. I don't know.

That's a good idea to ask for an explanation of the denial in writing and a written explanation of the policy, if it is policy. Do I have a legal right to get that or can they deny doing that too? I know I have a right to my files but I don't know about beyond that.

The therapist and the psychiatrist are not legally obligated to provide you with a written explanation of their internal office policies or the reasons why they have chosen not to sign a form that commits them to being your support system.

 

[maneki]

*sigh* That just doesn't seem fair. But fair or not, if they aren't required then they aren't required.

 

[xylene]

The therapist and the psychiatrist are not legally obligated to provide you with a written explanation of their internal office policies or the reasons why they have chosen not to sign a form that commits them to being your support system.

None of that should stop Maneki from respectfully asking in writing...